State v. Brown

Gregory, Justice:

This is an appeal by Dennis Brown from his conviction by a jury of aggravated assault and battery. At issue is the trial judge’s refusal to charge the lesser included offense of simple assault and battery. We affirm.

This case arose out of an altercation between appellant and Officer Donald L. Wand of the Columbia Police Department *493that took place sometime during the late hours of the evening of May 24, 1976. The record shows that appellant and his brother had been visiting Don’s Lounge in the Five Point’s area of Columbia, South Carolina. Just prior to the altercation the two…